Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-01-13
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TFm sss fgrasons.n. /

FHam 9he DKaacns4n
re opsu5on a JuaRe Hort, aelisAres
st OiynriA same days Aga. cnnarmlnR
the graft n lands ko the N1FsbeTn Pa
eigia Rasirnad Gonr M On tbe llns fErEn
persiana b Taenma, haa heeea pFinsed.
ard fhm 0reeoafam has been saTofed ~
4 espY. II MM matter 81 great fnport-
arse, nz6a 80 hy the acton kaken ~
lhe C0nafn5ssinn@x 9f fhe tseBsrai Lard
On q as WashiBgteu, Who 9ruied tksf
ezers wss aHy grant Of lands 20 tie
esmp4ny On their tine between R0rtlaI
and faeuma. DaferzniuAsion 81 -
qgsst1on. Judge Host ssid. must rsst
nScn iutsFpKsaasi@a Of three acts Of
Congress, uannkis: TIE aas 81 srsy z,
1854. which wss s.1e original acs o. IN
eoKpo9asioa ~ which she compa1y y 9
"a harsxsd 70 copstrast tbs Kosds and ~
which ths eYamt ~ lands was nade; fne
fsfus resolution Of ApgiI 10, 1853, waisn
anth0Fixed tHe eempauy 90 exte9d -
line FROM Portland 90 Pseea Sound. snd
STE joint resolution Of Nay 81 1910, D.
9hieb tbs conpasy wss given shs right
80 iocate and oars rncs under the pro-
visions and with The privileges, grants
and duties provided IN its ses Of moor
paFafioa, ia mzic rosd 20 SONS point on
Puget sound ssa the valley OF the DO
lasbss river, With the FiEbt 20 ieeate
aad eonstrucs is branch from some
e0uvenieut psint on its trunk sine asFees
tsfsCsscade Mountainsto PUGET Sound !"
Judge Hoyt says that tbs questions in
tbs case are she most important ever
presented 10 q court in tue Territory,
and that be has given his best attention
70 cons darstion OF them. What then.
be asks, IL the reasonable and fair intes-
pxefation Of the aetss
In the original act the main line was
10 70 to Pnzet Sound On the most eli
eihie Foate north II the forty-hfsh PAL
aiIai, and there was 20 be branch down
she Columbia river 70 Portland. There
was ambiguity in this far the forty
6fth parallel itself falls considerable
distance south OF the line upon which
the Columbia river p,eroes the Cascade
moantains. And vet il Is apparent
enough that the route for the main line,
intended IN tue original grant, could not
fall IN the Columbia valley. since pro-
vision had bean made for branch there.
The primary object Of the original set,
as Judge Hoyt truly says, was to secure
a railroad across the continent 30 Paget
Sourd the secondary object, g railroad
20 Portland. TIE effect OF the joint
resolution of Nay 81, 1870, VAS 30 desig
aate the road down the Coluubia 70
Portland az the mgin line, and toe road
from some convenient point on the main
trunk across tbs Case lde mountains to
Puget Sound as the branch line or, as
Judge Hayt puts IL. the only Effect Is
10 the main line was 10 make certain
that which vas before doubtful. the
rig6t TO locate it down the valley OF the
Columbia, on its way TO the same ter
minus provide In the original act I"
For" be continues, keeping in mind
that the construction % this maio line
10 Puest Sound was the primary
0bjsof of this legislation. and that TO
| iusase she accomplishment thersof the
grant was originally made. IL seems too
clear for arRua ent that such q a7t cousd
not be taKen away By this resolution,
the onlS effect of which was to remove
the embarrassment under which the
company was lsboEine In locat ne such
line. by reason Of the provision in the
origin ! act for branch down the Co
lumbia river to Portland
Upon thtars asoning the resolution Of
April 10, 1863, could have no foree 10
determining the status Of the original
aes, and would really have no plae in
consideration Of the question whether
there was grant of lands TO the eaIn-
pany en- the line from Portland to Ia
coma. or not. This poEtisn OF the grant
d0esnot depend, then, for its VALIDITY
On the resolutions OF April 10. 1863. which
Commissioner sparks decided could not
convey a grant If lands, but on the pro-
visions Of the original act which granted
lands 10 aid the construction Of rail
Sound.
While the 0regonian does rot under
take 10 predict what the final deteFmin-
alton Of the question viii be by tie
eouFt of last resort, IL may say, never
theisss. shat il fads Judge Hpgt's epin
ion a very able one; nor IL II able TO see
on what croaads IL cAn b. oontroverted
on reversed.